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"… undisputedly one of Germany’s pre-eminent public procurement firms…"

Legal 500 Deutschland 2015

Public Procurement

In the area of public procurement, Gleiss Lutz offers innovative solutions tailored to clients’ goals and needs. These solutions are based not solely on legal excellence but also on a solid understanding of the political and economic environment. Our public procurement lawyers combine specialist knowledge of their field with vast experience of advising public sector clients. As a full-service law firm, Gleiss Lutz also has experts from all other related areas. Together they make up a tried-and-tested team with the requisite expertise to deliver one-stop solutions.

We support our clients especially with new and complex procurement projects – from major urban development projects, to health sector tenders. We provide consultation even before the project is put to tender, advising on the strategic options and issues that must first be considered. These include the choice of procedure and its structure, the setting up of procurement companies and purchasing associations, the bundling and splitting of contracts, and the type of contractual regulation model to be used. We guide our clients through the entire process, assisting with documentation and tenderer selection, and seeing to it that the awarding decision is legally sound.

Award procedures are often highly complex and full of pitfalls. We help bidders and tenderers navigate this regulatory maze, from meeting formal requirements, to protecting their rights and asserting relevant claims. This includes developing customised solutions to ensure clients submit the best possible bid. The evaluation of tenders is one of the phases that carries the greatest risk of error. Working with the client, we sound out the available options and strategies for challenging incorrect decisions. We are also well-versed in structuring bidding consortiums and subcontractor relationships.

In review procedures we can act on behalf of any of the parties – applicants, contracting entities, and intervening third parties – not only at national level, but also before the Commission and the Community courts. And when it comes to structuring public procurement procedures, our extensive experience of contentious proceedings means we have a good sense of when awards can be challenged or overturned.

Our global network of premier law firms with which we have a close working relationship enables us to cover all major jurisdictions around the world. As a result, we are ideally positioned to put together select teams to handle major cross-border projects. With an office in Brussels, we are also able to maintain close contact with the European Commission. more